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(영문) 대전지방법원 2016.11.10 2016고단2862
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On June 29, 2016, the Defendant driven the above car at around 01:10, while driving the said car, which led to the transition distance to the four-ranges of the Daejeon Customs Office from the offside of the Song River-dong.

Since there is an intersection where the red signal has been installed, the driver had a duty of care to prevent accidents in advance by driving safely according to the traffic signal after temporarily stopping in the stop line or intersection immediately before the stop.

Nevertheless, the defendant neglected this and did not temporarily stop even though it was a red on-and-off signal, and did not proceed as it was, the defendant got off the right side of the victim's GM3 car driving that was proceeding on the right side from the front side of the defendant's front side to the right side.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim, such as an influorous disorder in the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Investigation report (victim F counterpart investigation);

1. The actual condition survey report;

1. Investigation Report (Consulars of damaged vehicles) - A CD (G blackbox images);

1. Investigation report (related to diagnosis of 12 weeks with acute stress disorder of a victim);

1. Each written diagnosis (F);

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant is waiting to commit the crime of this case and is against his/her will, the defendant does not want the punishment of the defendant by mutual consent with the victim, and the defendant is accused.

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